ACCEPTANCE OF TERMS AND CONDITIONS
The Site is an interactive online service owned and operated by CS Frontier, LLC, a Delaware limited liability company, on the world wide web of the internet (the "Internet").
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site, End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of CS Frontier, and CS Frontier shall not be responsible for any data lost while transmitting information on the Internet. While it is CS Frontier's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. End User understands and acknowledges that due to circumstances both within and outside of the control of CS Frontier, access to the Site may be interrupted, suspended or terminated from time to time.
CS Frontier shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, CS Frontier may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. CS Frontier shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct
The foregoing provisions of this Section 5 apply equally to and are for the benefit of CS Frontier, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
The entire contents of the Site are subject to U.S. Copyright Laws. Copyright © 2011 CS Frontier, LLC. Unless otherwise indicated, all logos, names, designs, and marks on the site are trademarks or service marks owned or used under license by CS Frontier.
The foregoing provisions of Section 6 apply equally to and are for the benefit of CS Frontier, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty and Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NEITHER CS FRONTIER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT CS FRONTIER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL CS FRONTIER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
9. License Grant
By posting communications on or through this Site, End User shall be deemed to have granted to CS Frontier a royalty-free, paid up, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless CS Frontier, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by End User.
CS Frontier may terminate this Agreement at any time. Without limiting the foregoing, CS Frontier shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which CS Frontier, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
This Agreement and any operating rules for CS Frontier established by CS Frontier constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held invalid by a court or tribunal, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
CS Frontier's is incorporated in Delaware. Legal issues arising out of, but not exclusive to the use of, this Site (unless otherwise specifically stated) are governed by and in accordance with the laws in the state of Delaware. Any claim or controversy arising among or between the parties hereto and any claim or controversy arising out of or respecting any matter contained in this Agreement or any difference as to the interpretation of any of the provisions of this Agreement shall be settled by confidential arbitration in Boston, Massachusetts by a single arbitrator under the then prevailing rules of the American Arbitration Association ("AAA") upon written demand of either party to the other. Procedure, rule and fee information is available from the AAA (www.adr.org). Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose. The parties further agree to consider themselves bound by, and shall pay the costs and fees of arbitration in accordance with, any award made by the arbitrator, and that a judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party (exclusive of its rules regarding conflicts of laws).